DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
161268P.pdf 12/02/2016 Eduardo Custodio v. Cecilia Marianela Torres Samil
U.S. Court of Appeals Case No: 16-1268
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Wollman and Arnold, Circuit Judges]
Civil case - Hague Convention on Civil Aspects of International Child
Abduction. Because one of the children involved in this matter turned 16
during the pendency of the proceedings, the Hague Convention no longer
applies to him; where respondent asserted a "mature child" defense to the
petition, the district court's evaluation of 15-year-old child's testimony
regarding his desire to remain in the U.S. was entitled to deference; the
commentary to the Explanatory Report regarding the Conventions states that
a child's views on the matter can be conclusive on the issue of return;
the district court did not abuse its discretion by denying petitioner's
request to return the child to Peru where the child clearly stated his
desire to remain in the U.S. with respondent.